Joshlin Smith trial: Detective to be cross-examined over confession statements from 2 accused

Joshlin Smith trial: Detective to be cross-examined over confession statements from 2 accused! The high-profile case surrounding the disappearance of six-year-old Joshlin Smith is set to resume on Wednesday, with renewed focus on the confession statements made by two of the accused, Jacquen Appollis and Stevano van Rhyn. The trial, which has gripped the Western Cape community and drawn national attention, is being heard in the Western Cape High Court, currently sitting at the Saldanha Multi-Purpose Centre.

Accused Claim Police Torture and Coercion

Appollis and Van Rhyn, along with Joshlin’s mother Kelly Smith, are facing serious charges of kidnapping and human trafficking. However, a major point of contention in the case has been the legitimacy of the confession statements made by Appollis and Van Rhyn, which the defence argues were obtained under duress and coercion.

According to both accused, police tortured and pressured them into signing confessions that implicated Kelly Smith as the mastermind behind the child’s disappearance. The confessions allegedly claimed that Smith instructed them to hand over Joshlin to another woman, known only as “Maka Lima”, in the Middelpos area.

Joshlin Smith trial

Controversial Role of Maka Lima

The woman referred to as Maka Lima has since been identified as Phumza Sigaqa, who was previously charged in the case. However, she was released from custody after police failed to find sufficient evidence linking her to Joshlin’s disappearance.

The defence now argues that the entire narrative involving Sigaqa was constructed under coercion, and that Van Rhyn and Appollis were merely parroting what police allegedly told them to say. The defence believes that without the tainted confessions, the State’s case against the trio is significantly weakened.

Cross-Examination of Key Police Witness

On Wednesday, Captain Philip Seekoei, a police detective who played a central role in taking Van Rhyn’s confession in March 2023, will face cross-examination from defence attorney Nobahle Mkabayi. Seekoei previously testified in court last week, detailing the circumstances under which Van Rhyn’s confession was obtained.

Mkabayi requested a postponement during the last session to allow her time to review video footage of the confession. The defence is expected to grill Seekoei on whether proper procedures were followed and whether Van Rhyn was in a sound mental and emotional state during the confession process.

Legal Team Challenges Credibility of Confession

The defence team is preparing to argue that constitutional rights of the accused were violated, and that any statements made under those conditions should be inadmissible in court. They claim that both Van Rhyn and Appollis were held in custody for extended periods without access to legal counsel, and that they were physically and emotionally abused until they complied with police narratives.

These allegations, if proven, could significantly undermine the State’s case, which has relied heavily on these confessions as critical pieces of evidence.

A Community Desperate for Closure

The trial has drawn intense public interest, especially from the Saldanha Bay community, which continues to grapple with the trauma of Joshlin’s disappearance. The young girl was reported missing early last year, and despite months of investigation, her whereabouts remain unknown.

Community members have frequently gathered outside the court during hearings, demanding justice and answers. For many, the trial has become more than a legal process—it represents a collective yearning for truth, accountability, and closure.

What’s Next in the Trial?

As proceedings resume, all eyes will be on the courtroom as Captain Seekoei’s cross-examination unfolds. The credibility of his testimony, and the circumstances under which the confessions were obtained, may well shape the direction of the trial going forward.

The trial continues this week, with more testimony and legal argument expected as the court works to untangle a web of accusations, denials, and legal complexity surrounding one of the country’s most heartbreaking child disappearance cases.